Mental Health Act 2013

The Chief Psychiatrist has, in prescribed matters within his or her jurisdiction, the power to intervene directly with regard to the assessment, treatment and care of any patient. The exercise of the Chief Psychiatrist's power of intervention is reviewable by the Tribunal– see Division 2 of Part 3 of Chapter 3.

The power of intervention is exercisable – on the Chief Psychiatrist's own motion; or at the request of the patient; or at the request of any person who, in the opinion of the Chief Psychiatrist, has a proper interest in the patient's health, safety or welfare.

However, the power of intervention is only exercisable if the Chief Psychiatrist – has made inquiries into the relevant prescribed matter; and is satisfied from those inquiries that intervention is essential to the patient's health, safety or welfare.

The power of intervention is exercisable by giving any person responsible for the treatment and care of the patient, as regards the relevant prescribed matter, a notice to do one or more of the following:discontinue or alter a particular practice, procedure or treatment in respect of the patient; observe or carry out a particular practice, procedure or treatment in respect of the patient.

The Chief Psychiatrist, by the same or a different notice, may also do either or both of the following:issue consequential directions for the future assessment, treatment or care of the patient; direct that any decision triggering or relating to the intervention be referred, by a specified person, to the Tribunal for review within a specified time. For the review of such decisions by the Tribunal – see Division 2 of Part 3 of Chapter 3.

Nothing in this section is to be taken as authorising the Chief Psychiatrist to issue directions that are repugnant to – any provision of this Act; or a provision of any other Act; or an order, determination or direction of the Tribunal or any court.

A failure by an individual to comply with a direction contained in a notice issued by the Chief Psychiatrist under this section is not an offence but does constitute proper grounds for instituting professional or, as the case may be, occupational disciplinary action against that individual.

In this section – prescribed matters means the following:the use of seclusion; the use of restraint; the use of force; the granting, refusal and control of leaves of absence; the giving or withholding of patient information; the granting, denial and control of visiting, correspondence and telephone rights; assessment and treatment generally; whether the mental health service delivery principles, set out in Schedule 1, have been considered when exercising a responsibility under this Act; matters prescribed by the regulations.